prohibited from establishing any connection to outside political parties, unions,
federations, or NGOs.
The government did not effectively enforce laws protecting freedom of association,
the right to bargain collectively and the right to strike. Penalties for unfair labor
practices and antiunion discrimination were not commensurate with penalties for
other laws involving denials of civil rights. Penalties were sometimes applied
against violators, more often against workers than employers. The Department of
Labor within the Labour Ministry reported that in 2021, workers filed 18
complaints regarding unfair labor practices and antiunion discrimination. Of those
complaints, only six complaints were settled and employers in those cases were
fined a small amount; the other complaints remained under investigation.
The law does not allow workers to file unfair labor practice or antiunion
discrimination cases directly with labor courts. Workers must first file complaints
with the DOL alleging unfair labor practices. The DOL first investigates, then
attempts to bring the parties to consensus through arbitration. Their decisions are
not binding. The DOL may file cases with the labor court if arbitration fails to
reach a resolution between the parties. The DIFE has authority to mediate wagerelated disputes. Labor organizations reported the conciliation process slowed
down workers’ access to justice. The government reported workers filed three
complaints for unfair labor practices, antiunion discrimination, and unscrupulous
labor behavior from January to December 7; the DOL was investigating the
complaints. Trade union federations reported they stopped filing unfair labor
practice complaints due to the enormous backlog of existing cases.
While the law allows for more than one union in a factory, the DOL does not allow
more than one independent union per factory in the garment industry. Labor
leaders continued to report management-supported groups received quick union
registration credentials. A labor court may order reinstatement of workers fired for
union activities, but reinstatement was rarely awarded.
Labor rights organizations reported high levels of rejections for union registrations
and an overly complicated registration process. The law requires a minimum of 20
percent of an enterprise’s total workforce agree to unionize before the DOL may
grant approval for union registration in the form certificate of registration. The
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